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HomeMy WebLinkAboutCC 1981-03-23 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, ~~RCH 23, 1981 - 7:30 P.M. 1. Mayor Faram called the meeting to order March 23, 1981, at 7:30 p.m. 2. Present: Dick Faram Jim Wood Wiley Thomas J. C. Hubbard Dave Freeman Sharyl Groves Councilwoman Mayor Councilmen Staff : Chuck Williams Jeanette Moore Rex McEntire Richard Albin City Manager City Secretary City Attorney City Engineer News Media: Joe Norton Robin Watkins Kevin Todd The Tribune Mid Cities North Richland Hills News Absent: Jim Kenna Councilman 3. The invocation was given by Mr. Bob Skelton, Deacon, First Baptist Church of Smithfield. 4. Councilwoman Groves moved, seconded by Councilman Hubbard, to approve the minutes of March 9, 1981. Motion carried 4-0; Councilman Wood abstaining due to absence from the meeting. 5. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Amon Adcock, 1701 West Freeway, appeared before the Council. Mr. Adcock stated the application request was to rezone this tract from agriculture to IF-9-l500. Hr. Adcock stated he had an architectural rendering of the proposal. Mr. Adcock stated they planned to continue Post Oak Drive through this tract to Starnes Road. Mr. Adcock stated he felt this would be an addition to North Rich1and Hills. Hayor Faram called for anyone wishing to speak in opposition of this request to please come forward. CALL TO ORDER INVOCATION APPROVAL OF MINUTES OF THE REGULAR MEETING MARCH 9, 1981 APPROVED PUBLIC HEARING - PZ 8l~2, REQUEST OF fu~ON T. ADCOCK (W.A.H CORP.) TO REZONE A PORTION OF TRACT 8, ABSTRACT 321, FROM AGRICULTURE TO 1F-9- 1500 There being no one else wishing to speak, Mayor Faram closed the public hearing. 6. Mayor Faram advised the Planning and Zoning Commission had recommended approval. Councilman Hubbard moved, seconded by Councilwoman Groves, to postpone action on this request until the regular Council meeting of April 13, 1981, in between that time the Council will have a meeting set with Snyder and Associates on the City Master Plan. Motion carried 5-0. 7. Mayor Faram stated he was informed when he arrived at the City Hall this afternoon there was a request from Mr. Brannon to postpone this for 30 days. Mayor Faram stated the request went to the Planning and Zoning Department. Mayor Faram stated he would let the Council make the decision on postponement; he had several requests to speak on this subject. Councilman Hubbard moved, seconded by Councilman Freeman, to continue the hearing on PZ 81-3. Motion carried 4-1; Councilmen Hubbard, Freeman and Thomas and Councilwoman Groves voting for; Councilman Wood voting against. ~2yor Faram opened the public hearing and called for anyone wishing to speak for this request to please come forward. No one appeared. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. :1r. James R. Stevens, 7424 Eden Road, appeared before the Council. Mr. Stevens stated the tract of land in question was basically at the intersection of Eden and Rumfie1d Road. Mr. Stevens stated the homes on Eden would be affected greatly by anything that was put in on less than one acre or better tracts. Mr. Stevens stated about a year ago there had been a zoning hearing on a tract of land within 100 yards of this area and it was determined that Eden Road was below minimum standards for any additional subdivisions. Mr. Stevens stated the street was at best a very narrow, inadequate piece of paving. March 23, 1981 Page Two CONSIDERATION OF ORDINANCE FOR PZ 81-2' POSTPONED PUBLIC HEARING - PZ 81-3, REQUEST OF J. E. BRANNON TO REZONE TRACT 18, ABSTRACT 1266, FROM AGRICULTURE TO IF-12-1800 March 23? 1981 . Page Three Mr. Stevens stated it was his understanding that this particular tract that was being requested for rezoning was going to be platted into 16 lots. Mr. Stevens stated that would be putting approximately 32 additional cars traveling on these streets. Mr. Stevens stated the people that lived in the area were requesting that the Council maintain the area with the types of houses that were presently there. Mr. Royal Sherbet, 8937 Rumfield Road, appeared before the Council. Mr. Sherbet stated he owned approximately five acres in the area. Mr. Sherbet stated he worked long and hard for thirty-seven years for a home in the country and in an area that was zoned agriculture. Mr. Sherbet stated he looked long and hard in Dallas County and Tarrant County and finally found a section of land that he thought was ideal. Mr. Sherbet stated that approximately ten months ago he closed on the land and found that North Rich1and Hills had given permission for a large subdivision to go in alongside Stoneybrook, approxi- mately 250 homes. Everyone, most everyone without exception, that lived in the area did so because they like and enjoy the agriculture zoning. Mr. Sherbet stated he had three points he would like to make. Number one: the City of North Rich1and Hills has failed to provide adequate roads, sewer, there are no sewer lines in the area, and no water pressure; number two: everyone that lives in that agriculture area, without exception. opposes the zoning change; number three: North Rich1and Hills has failed to provide the original residents in that area services and only provided high water bills with low pressure. Mr. Sherbet stated he would like to know what would be involved in deannexing thè area. Mayor Faram asked Mr. Sherbet where he would get services if the area were deannexed. Mr. Sherbet stated they 'did not have any services;' the onJy time a policeman came out was when they were called. Mayor Faram stated the only time a policeman went to anyone~s house was when they were called. City Attorney McEntire stated if the City deannexed the area a house could be built on every fourth acre. March 23, 1981 Page Four Mr. Sherbet stated that in that case he did not want to be deannexed. Mr. Albin stated there was a major sewer outfall line less than a mile north of the area and would serve the entire area. Councilman Wood asked Mr. Sherbet if he felt the City had the right to deny a person. developer or not. a right to use his land. Councilman Wood stated he felt Mr. Sherbet was suggesting that the City had enough people, do not let anyone else build in the area unless they had two, three, four or five acre tracts. Mr. Sherbet stated he could understand a variance from the requirement, but the tract in question was just a little over two acres which did not qualify for two homes under zoning; however he could see a variance for two homes. Mr. Sherbet stated if there was anyway possible he would like to see the tract stay agriculture. Mayor Faram stated there might be some confusion over the agriculture zoning. Mayor Faram stated that when the Master Plan was adopted the agriculture terminology was put on land that had no particular plan laid out. The restrictions were put in so no one could build on less than two acres. Mayor Faram stated agriculture as a whole, he did not think the City had a policy. Mayor Faram stated that was the conception in the agriculture zoning. There were some lands that had 25 to 30 acres and there was nothing to do with those except to put them in a holding pattern until the City could foresee some type of development to go in. Mr. Norvell Jordan, 8800 Kirk Lane, appeared before the Council. Mr. Jordan stated his property was just north of the property in question. Mr. Jordan stated the neighbors had hit on all the points that he had. Mr. Jordan stated his house was about one and one-half years old, 2,400 square feet on three acres and he had a lot of money invested. Mr. Jordan stated he felt that if tract housing were put in the adjoining property it would drop the value of his home. Mr. Jordan stated he would agree with his neighbors in that the streets were not the best and there was low water pressure. Mr. Jordan stated his real objection to this request was that it would devalue his property. Councilman Wood asked Mr. Jordan if he knew how long Mr. Brannon had owned the property. Mr. Jordan replied no. C~unci1man Wood asked Mr. Jordan how long he had lived there. Mr. Jordan replied about three years. Mr. Charles Palachek, 8908 Kirk Lane, appeared before the Council. Mr. Palachek stated he had lived in the area since 1964. Mr. Palachek' stated if the Council would look at this one particular block, which was said to be two and one-half acres and it was set in the center of two, three, or ten acre tracts they would see it was totally out of place. Mr. Palachek stated this would be taking an area that was already established and putting a lot of houses in it. Mr. Palachek stated he felt the area should be maintained as is. Mr. Berwyn Caswell, 8900 Kirk Lane, appeared before the Council. Mr. Caswell stated his property was just northeast of the property in question. Mr. Caswell stated most of his comments had already been covered by previous speakers. Mr. Caswell stated most of the residents in the area were on septic tanks and he was not sure the City would want to put that many houses on septic tanks. Mayor Faram asked Mr. Caswell if there had been any problems in the area with the septic tanks. Mr. Caswell stated no. Mr. Caswell stated the land in question was surrounded by larger lots and there were deed restrictions that the property would not be divided below one acre tracts. Mr. Caswell stated he would like to see it remain as such. Mayor Faram advised Mr. Caswell deed restrictions were a civil matter. Mr. O. G. Tobis, 8800 Rumfie1d, appeared before the Council. Mr. Tobis stated he lived directly across the street from the property in question. Mr. Tobis stated he thought most of his points had been covered by his neighbors. Mr. Tobis stated he would like to point out they had been in that area for many years and this request was against the wishes of the residents that had been there for years. March 23? 1981 Rage Five Mrs. Delores Wood, 6713 Karen Drive, appeared before the Council. Mrs. Wood stated she was a realtor in the area and felt very strongly for the people in that area. Mrs. Wood stated she felt they definitely had a legitimate gripe. Mrs. Wood stated that in this particular case she knew the property, and the people should have the right for their property to remain the way it is. Mrs. Wood stated in her opinion the small lots and houses would destroy their property values. Mr. Perry Wise, 7404 Eden Road, appeared before the Council. Mr. Perry stated he was about l50 yards south of the property in question. Mr. Perry stated he would like to touch on a couple of points that had been mentioned. Mr. Perry stated he thought it would be real nice if the development could be held down to two or three houses to keep it down to the type of value they presently had. Mr. Perry stated he felt if this property was loaded down with too many houses there would be septic tank problems. Mayor Faram asked Mr. Perry if he had attended the Planning and Zoning meeting when this request was heard by them. Mr. Perry replied no. Mayor Faram stated that according to the Planning and Zoning Commission minutes, Mr. Brannon stated there would be no septic tanks in any of these houses, they would be on City sewer. Mr. Perry asked if there was City sewer coming into the area. Mayor Faram stated the developer would be required to bring the sewer in. Mrs. Anita Snow, 3201 Owens, Realtor, Haltom City, appeared before the Council. March 23, 1981 Page Six Mrs. Snow stated she was familiar with the area that the homeowners were speaking in opposition of this develop- ment. Mrs. Snow stated it would in effect be spot zoning. Mrs. Snow stated it would greatly devalue the property owners' investment. If rezoned the property would not be conforming to the previous usage of the land around this area. Councilman Freeman stated that it was unusual for two real estate people to speak for or against zoning. Councilman Freeman asked what inspired them to speak. Mrs. Snow stated the people that already had the vested interest had the greater right to protect that vested interest than those coming into an area. Mrs. Snow stated she faced this type of situation everyday and knew the communities had to change their usage, but not with the area already developed in one, two or three acre tracts. Mr. Tobis presented the Council with a petition signed by the residents in the area against the rezoning. Mayor Faram advised Mr. Tobis the petition was accepted, but could not be accepted as requiring 3/4 vote because it was not submitted in time to be considered as a legal petition. Mayor Faram stated it did convey a feeling. Mayor Faram closed the public hearing. 8. Councilman Hubbard moved, seconded by Councilman Freeman, to postpone action on this item until the regular scheduled meeting April 13, as the item prior, until the Council's meeting with Wayne Snyder and Associates. Councilman Hubbard stated in fairness to both parties, the City had employed Snyder and Associates to set up a set of rules for the City and update the Master Plan to stop what some people consider spot zoning, and to update each section of the City. Councilman Wood asked the City Attorney if this request was postponed would it come back with a public hearing. March 23, 1981 Page Seven CONSIDERATION OF ORDINANCE FOR PZ 81-3 POSTPONED March 23, 1981 Page Eight Mr. McEntire stated the ordinance would have to be republished. Motion to postpone carried 5-0. Mayor Faram called for a fifteen minute recess, RECESS Mayor Faram called the meeting back to order. The same Council Members and Staff were present as recorded at the beginning of the meeting. ..BACK TO ORDER 9. Mayor Faram advised the Council he had Mr. Jim Ramseyts resignation from the Civil Service Commission. Mayor Faram stated he had appointed Mr. Bob Skelton to the Civil Service Commission and asked the Council to con- firm this appointment. CONFIRMATION OF APPOINTMENT OF MR. BOB SKELTON TO CIVIL SERVICE COMMISSION APPROVED Councilman Freeman moved, seconded by Councilman Hubbard, to accept the resignation of Mr. Jim Ramsey and appoint Mr. Bob Skelton to the Civil Service Commission. Motion carried 5-0. 10. Mr. Roy Miller, 4709 Vance Road, North Richland Hills, Representative for Alexander and Alexander Insurance, appeared before the Council. Mr. Miller stated he had submitted two proposals and was present to answer any questions the Council might have. CONSIDERATION OF BID FOR GENERAL AND AUTOMOBILE LIABILITY INSURANCE APPROVED Mayor Faram asked Mr. Miller if he had bid the Police Professional Liability. Mr. Miller stated he felt his company had adequate protection for the Police Department and the Police Professional Liability was not necessary. City Attorney McEntire stated that if the company had adequate protection for the police, why had the claims that had been turned into the company been denied. Mr. Miller stated he was not familiar with the circumstances. Mayor Faram asked Mr. Miller if he had examined the proposal submitted by his competitor. Mr. Miller stated no more than just the figures that were read off. Mr. Hiller stated he felt his company had the Police Department adequately protected and did not feel there was a need for the Professional Liability. Mr. Vic Smith, 8101 Irish Drive, North Richland Hills, Representative for Crawford, Mitchell, Thomas and Frymark, appeared before the Council. Mr. Smith stated his company had submitted a bid per the specifications for general and auto liability. Mr. Smith stated his bid for general liability was $29,497.00 and for auto liability $52,828. Mr. Smith stated that in addition to that he had quoted the Police Professional Liability under four plans. City Attorney McEntire stated he would recommend the City accept the bid of Crawford, Mitchell, Thomas and Frymark for general and auto liability and Plan 2 on the Police Professional Liability. Councilman Wood asked the City Attorney if he felt this company had better coverage. Mr. McEntire replied yes. Mayor Faram asked Mr. Smith if his company had met all the requirements. Mr. Smith replied yes. Mayor Faram asked the City Attorney if he was' satisfied with the policy. Mr. McEntire stated yes. Councilman Hubbard moved, seconded by Councilman Wood, to accept the bid of Crawford, Mitchell, Thomas and Frymark for General and Auto Liability and Plan 2 on the Police Professional Liability. Councilman Freeman asked for the City Manager's recommenda- tion. Mr. Williams stated due to the information he had received from the staff and City Secretary's office he would recommend Crawford, Mitchell, Thomas and Frymark. Motion carried 5-0. March 23, 1981 Page Nine 11. Councilman Freeman moved, seconded by Councilman Hubbard, to postpone action on this item until the Council had a chance to study it further. Mayor Faram appointed Councilmen Hubbard, Wood and Freeman, Fire Chief Gertz and City Manager Chuck Williams to a committee to study the proposed ordinance. Motion to postpone carried 5-0. l2. Mayor Faram stated it was the recommendation of the Fire Chief and Staff that this item be denied. Councilman Freeman moved, seconded by Councilman Hubbard, to deny the County Fire Protection Contract. Motion carried 5-0. 13. Mayor Faram was advised that Mr. Bob Ash was not present. Mr. Bob Brady, 5601 Mary Court, appeared before the Council representing Mr. Ash. Councilman Wood stated that in this particular case he did have a conflict of interest and he wanted to make sure the conflict of interest was quite clear, that he had been misquoted in the past. Councilman Wood stated he had no personal interest in this property whatsoever. Councilman Wood stated he did have a licensed real estate broker, who worked for him, who owned a portion of this property and it was listed through his office. For this reason there was a possibility of a financial gain if the property was sold while it was listed by his company. Council- man Wood stated that furthermore he would like to make it very clear that he received no benefit from anyone other than the licensed broker that he worked for, even though he had been accused of receiving benefits in other routes. Councilman Wood stated if he received any benefit whatsoever, and he hoped the press reported this correctly, but he noticed the famous reporter was not present, he would receive, if the office grossed a percentage, one-tenth of the agent's commission. Councilman Wood stated he would again repeat, as he had been accused lately of owning other shares and properties in this City, that he owned no part of this property and never had or never would. March 23, 1981 Page Ten CONSIDERATION OF ORDINANCE ADOPTING FIRE CODE POSTPONED CONSIDERATION OF COUNTY FIRE PROTECTION CONTRACT DENIED CONSIDERATION OF REQUEST OF MR. BOB ASH (PERMA-STEEL) FOR A VARIANCE TO THE BRICK ORDINANCE RULED OUT OF ORDER March 23, 1981 Page Eleven Councilman Wood stated he was being very precise in this particular case because he had been accused by persons unknown, and he had the name of the FBI Agent who had been investigating him. Councilman Wood stated further that it bothered him to see that his family and friends should have to be placed in the position where they are subject to criticism of who knows what, and even to the point of creating apparently some documents that were sent to the FBI, friends allover town, out-of-town, and from what he had been able to hear, as far as a State Senator. Councilman Wood stated he would lay it out, did he take stock in the TV Cable Company, take kickbacks on property? He stated that as far as he was concerned, when you are accused of being a crook and a thief, then you get to a point of is it worth it all? Councilman Wood stated that if he went out and picked up a brick off the street, he guessed the FBI would investigate the City Manager for that, too, before it was over. Councilman Wood stated the pressures that he and his family were being subjected to had reached their limit. Councilman Wood stated he would not run and he hoped before it was over the newspapers would treat them like they treated everyone else. Councilman Wood stated once the FBI investigated you that the file would never die. Councilman Wood stated he had been assured the file had been closed and again there was another piece of property tonight that he had an interest in. Council- man Wood stated he wondered what all those people would say now, how much did Jim Wood get? Councilman Wood stated he would close with one more statement. Councilman Wood stated he had a problem with this piece of property. His agent had informed him that she had not been contacted by anyone as to a variance to be granted on her property. Councilman Wood stated he felt this was a possible technical error in this case. Councilman Wood stated that for every time he had stepped down from the Council table he had been honest, he had tried to make it quite clear. Councilman Wood stated he had always asked the City Attorney to tell him what to do, but apparently that had not been good enough. Councilman Wood stated there would be a new day, the subject was not dead, he would face his accusers somehow. Mayor Faram stated he would start off by saying that Council- man Wood was asking for disqualification and certainly that would be granted. Mayor Faram stated he could not help but respond to some of the remarks that Councilman Wood had made, Mayor Faram stated it was brought to his attention that Council- man Wood had been accused of perhaps receiving some financial gain. Mayor Faram stated the person that brought this to him was not able to name the accuser, that, in his opinion, was the reason a Council seat vacancy existed on the Council. Mayor Faram stated it was also brought to his attention on Friday by Councilman Wood and again on Saturday by Council- man Kenna. Mayor Faram stated he has also been implicated in some wrongdoing, that being the ownership of stock in a company franchised to do business in the City. Mayor Faram stated he had talked to the FBI Agent today and he advised him his name had been cleared. Mayor Faram stated those on this Council whose names had been brought in and accused had all been cleared and the file had been closed. Mayor Faram stated he asked for the name of the accuser and the 'FBI Agent advised him he was not at liberty to give him that information. Mayor Faram stated he had a call into the United States District Attorney to see if he could give the authorization for the name of the accuser to be released. Mayor Faram stated he intended to find out who that person was. Mayor Faram stated he would not sit by and let the Council Members have their reputations ruined by people who would start a gossip rumor in this City. Mayor Faram stated because he had been accused he felt obligated to face it wide open and say that anyone who had anything to face him with should lay it on the table. Mayor Faram stated he may not be perfect and may have made some bad decisions, but nothing in the way of dishonesty. Mayor Faram stated he resented this sort of little anonymous accusations. Mayor Faram stated that in his opinion the City had received some unfair publicity. Mayor Faram stated the story on the bricks had gone a little, bit further than what he thought was justified. Mayor Faram stated the Star'-Telegram had accused, tried and found Mr. Williams guilty of a wrong- doing. Mayor Faram stated the Star Telegram had the audacity to call and ask him what the punishment would be. Mayor Faram stated he had not tried the man; he thought if Mr. Williams was guilty of anything it would be that he was the victim of a set-up case and he felt very sorry that people had to operate on that sort of thing. Mayor Faram stated he further understood that the Star Telegram was sitting at Mr. Williams' home waiting for a truck or March 23, 1981 Page Twelve trailer to arrive with bricks. Mayor Faram stated he had to believe it was a set-up job. Mr. Williams was above stealing one or two hundred bricks. Mr. ì~illiams was under the impression the bricks were going to be dumped and he simply was going to salvage them. Mayor Faram stated this sort of routine of picking on public officials has the effect of trying to destroy someonets character, and in Mr. Williams' case, his profession. Mayor Faram stated he, like Councilman Wood, had lived a long time to try and establish a name without a stigma and he resented rink-a-dink false accusations. Mayor Faram stated if someone did not have the courage to come and face him, he did not like it whispered allover the City. Mayor Faram stated he would face any man and tell him in the presence of his Maker, that he had not had any financial gain in all the years he had served in public office and he could further say that in his heart he believed everyone sitting at the Council table could make the same statement; there had been no gain. Mayor Faram stated that just for someone to come up here and say, an unknown source, was in his opinion a cheap- shot and he refused to accept that. Mayor Faram stated he thought the first and greatest part in the American judiciary system was that the accused had the right to face his accuser. Mayor Faram stated that when the press or anyone else who hid behind the First Amendment Right and tried to make this at the expense of a character assassination, he had a real problem with it. Mayor Faram stated he felt obligated to protect the members of the Council. Mayor Faram repeated that the FBI Agent had advised him that his name had been totally cleared, as well as the other members of the Council. Mayor Faram stated he still intended to find out who the accuser was. COUNCILMAN WOOD LEFT THE COUNCIL TABLE AT THIS POINT. Mayor Faram asked Mr. Bob Brady if he was representing Mr. Bob Ash. Mr. Bob Brady, 6900 Grapevine Highway, appeared before the Council. Mr. Brady stated Mr. Ash had asked him to represent him. March 23, 1981 Page Thirteen Mr. Brady stated that for the record, he and Councilman Wood had a conversation earlier and he had no objections to Councilman Wood's presence on the Council. Mr. Brady stated he did not feel there would be a conflict of interest. Mr. Brady stated his purpose was that he hoped to receive a variance from the Brick Ordinance. Councilwoman Groves asked how many fourplex units Mr. Ash planned on building. Mr. Brady stated a total of eight. Mr. Brady stated he failed to mention that this property was located on Flory Street. Mayor Faram asked Mr. Brady if the person he was represent- ing was the owner of the property. Mr. Brady replied no. Mayor Faram asked if there was a contract of sale con- tingent on the variance. Mr. Brady stated that due to the expense of a plat they could seek a request for a variance. Mayor Faram stated it had been the rule of the Council that you either ow~ed the property or had a contract for sale on the condition before making that request. Mr. Brady stated they did have a contract. He would not say it was contingent on the variance. Mayor Faram asked if they had a contract to purchase the property. Mr. Brady replied, yes, they did have a contract, Mrs. Anita Anglin Snow appeared before the Council. Mrs. Snow stated she represented Mrs. Juanita Snow, Mr. Jerry D. Snow, Mrs. Hanson and herself, who were owners of the property. Mrs. Snow stated they received an offer on this property and it was below market value. Mrs. Snow stated they countered back full price and did not receive an answer. Hrs. Snow stated that at this time there was no contract; there was an offer working. Mrs. Snow stated the special provisions read "the seller is to satisfy buyer that property was not located in any flood plain area." Mrs. Snow stated she had a Corps of March 23, 1981 Page Fourteen Engineer's report which went back to Mr. Ash. Mrs. Snow stated the contract was contingent on the buyer getting a building plan approved by the City of North Rich1and Hills. Mrs. Snow stated the word said contractt when you are negotiating an offer, until all points from the price to the date of closing, to the date of possession you have an offer not a contract. Mrs. Snow stated she would give them the benefit of the doubt that they did not understand the contract terminology. Mrs. Snow stated it was not against her wishes for duplexes or triplexes. Mrs. Snow stated at this point and time, since there was no contract, what in effect they were asking for was blanket permission to build these kind of buildings not knowing where. Mayor Faram asked Mrs. Snow if she was part owner of the property under discussion. Mrs. Snow replied yes. Mayor Faram asked if a contract did exist. Mrs. Snow stated Diane Hall, Lightfoot Realty, was representing Mr. Bob Ash. Mrs. Snow stated she was the listing agent that put the property on the market. Mr. Ash made an offer and it was not acceptable. Mrs. Snow stated she made a counter-offer back with a price that was acceptable to all the owners and that Mr. Ash had not answered. Mrs. Snow stated the other Lightfoot Agent was not present and she was not aware the variance had been applied for until two of the clients called her about it. City Attorney McEntire checked the papers Mrs. Snow had. Mayor Faram stated that the Council was dealing with a nippy situation and he ,understood a contract did not exist. Councilman Freeman asked if the people in the area had been contacted. Mr. Williams stated the people were contacted. Mayor Faram asked the City Attorney if a contract did exist. Mr. M~Entire stated there was no contract. March 23. 1981 Page Fifteen Mayor Faram stated he was going to declare the request out of order because there was no contract or an owner of the property making the request. ENERGENCY ITEMS ADDED 1. Mr. McEntire stated the present ordinance required the Building Official to charge 100 percent for garages and patios. Mr. McEntire stated previously the City charged nothing. Mr. McEntire stated he recommended the City charge 50 percent. Councilman Freeman moved, seconded by Councilman Hubbard, to approve Ordinance No. 881 with the insertion of 50 percent, paragraph one, middle of the page. Motion carried 4-0. 2. Mr. McEntire stated this property had been traced back over a period of nine years. This tract had been zoned commercial, local retail, commercial, local retail. Mr. McEntire stated it was on the maps as both. The property was sold as commercial. Mr. McEntire stated he recommended the Council clarify this. Mr. McEntire stated he had been through the Planning and Zoning Commission a dozen times both ways and at the present time it was on the map as commercial. Councilman Freeman asked if the owner was in agr eemen t . Mr. McEntire stated the owner was the one wanting it clarified. Councilman Freeman moved, seconded by Councilwoman Groves, to approve Ordinance No. 882. Motion carried 4-0. 14. Mayor Faram adjourned the meeting of March 23, 1981 March 23, 1981 Page Sixteen EMERGENCY ITEMS ADDED PASS ORDINANCE CLARIFY- ING BUILDING PE&~IT CHARGE FOR GARAGE AND PATIO APPROVED ORDINANCE NO. 881 PASS ORDINANCE RATIFY- ING AND CLARIFYING ZONING ON SWEET ET AL, TRACT l3C8-A ABSTRACT l606. W. W. WALLACE SURVEY. ZONED TO COMMERCIAL APPROVED -- ORDINANCE NO. 882 ADJOURNMENT Dick Faram - Mayor ATTEST: Jeanette Moore - City Secretary